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WASHINGTON v. ALCO AUTO SALES

199 A.D.2d 165 (1993)

605 N.Y.S.2d 271

Allen Washington et al., Appellants, v. Alco Auto Sales et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 21, 1993

In furtherance of the policy favoring the resolution of actions on the merits, it is well settled that the harsh remedy of striking a pleading should not be employed without a clear showing of a deliberate and willful refusal to disclose (Cruzatti v St. Mary's Hosp., 193 A.D.2d 579). No such showing was made here with respect to the failure to implement the preliminary conference order.

Plaintiffs' notices to admit, which...

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